Personal Injury Lawyer in Homestead, FL
Whenever you are involved in an accident and sustain any form of personal injury, your entire life gets disrupted. You often cannot go back to doing things as you used to before. Depending on how severe your injuries from the accident are, you may be entitled to different amounts of compensation commensurate to the physical, emotional, and financial suffering you must now endure. First, however, you must ascertain who is responsible for the accident, and you must also identify injury compensation limits or coverage if you want to file a successful claim.
Personal injury often arises from traffic accidents such as car collisions, rollovers, and others. More often than not, accidents are the result of the negligence of drivers. Many victims meet an unfortunate fate because of drivers who text while driving, drivers who drink under the influence, and others who over-speed and drive recklessly.
Common Types of Personal Injuries
Personal injury can manifest in different ways. However trivial or petty your injuries may seem, if you have suffered pain, injury, or property damage, you should file for compensation. Here are the common types of injuries that victims often claim damages for:
- Spinal cord injuries
- Brain and head trauma
- Fractures and concussions
Personal Injury Claims
Florida is a no-fault state, so every driver’s insurance company is obligated to pay his or her injuries and other damages that occur from an accident, whether or not it was the driver’s fault.
According to Florida road laws, every driver must carry personal injury protection (PIP) cover of $10,000 minimum per person per accident. Therefore, when you file a personal injury suit, if you are awarded compensation, it does not come from the other party or his/her insurance company. Instead, it comes from your insurance cover, regardless of who is at fault.
For personal injury claims, you can either receive compensatory or punitive damages, or both. Compensatory damages can be for monetary or subjective damages and they are meant to compensate for the suffering and pain the accident put you through. Punitive damages, on the other hand, are intended to punish the person at fault to deter them and others from reckless and negligent driving in the future.
For you to file a personal injury lawsuit, you have to prove that the accident caused a severe injury, and in this case, a serious injury must have:
- Caused a permanent injury
- Caused significant disfigurement or scarring
- Led to a permanent or major loss of bodily function
- Caused the death of a loved one
Apart from your insurance company, compensation can also come from the manufacturer of the vehicle that led to the accident by filing a claim for product liability. This is possible if you or your lawyer can prove that the vehicle in question was defective and that because of the defect, the accident occurred. This can be difficult to substantiate on your own, but a professional lawyer who knows how to navigate the complex processes and steps involved can help you. This is where our expert personal injury lawyers in Homestead, FL, who are local to the area, can provide the guidance you need.
According to Florida laws of negligence, comparative negligence arises when you, the victim, is partly at fault for an accident. However, this does not prevent you from claiming compensation. According to negligence laws, even someone partly at fault for an accident can claim compensation and damages for the accident. The only difference is that the amount you may be awarded in damages may be reduced. An experienced lawyer will be sure to exhaust all options in an effort to get you the recovery and damages you deserve.
Statutes of Limitation
One thing of utmost importance that you should be aware of if you are a personal injury victim is that claims have a time limit within which you are required to file a lawsuit. For personal injuries, the time limit is four years. After this period, you cannot make any claims. It is, therefore, wise to start the process as quickly as possible.
In the wake of an accident, victims find themselves faced with a variety of challenges – not just physical but emotional and financial as well. The situation becomes worse if the victim is unable to pay medical bills and lacks the income needed to carry on living and paying rent, utilities, and other bills because they are now forced to be away from work due to injuries or because they have to care for an injured loved one. If you are in such a situation, you do not have to bear all these expenses and costs on your own. If you are entitled to compensation, our Homestead personal injury experts are here to help you get back on your feet and file for the compensation to which you are entitled.
Call Today for a Free Case Evaluation
You have nothing to lose when filing a claim for damages for personal injuries sustained in an accident caused by the recklessness or negligence of someone else. Call us today at 305-928-2909 to learn about your legal options and what you should and should not do in order to put forward the most comprehensive and foolproof claims case possible. Our lawyers are on standby to help with your case and we can be reached around the clock.